Northern Ireland Troubles
Debate between Desmond Swayne and Hilary Benn(1 day, 21 hours ago)
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Hilary Benn
When they introduced immunity, the previous Government said that it would apply not just to veterans but to others, including terrorists, and that is what the legislation did in those circumstances. There are provisions that apply to witnesses, but the reason for the package is the determination of the Government to protect veterans. The hon. Member will see that a number of those protections are laid out in the legislation. Others will be steps that the Ministry of Defence will take.
Sir Desmond Swayne (New Forest West) (Con)
Like the Prime Minister, the Secretary of State should stop using the phrase, “The legislation was struck down by the courts.” The courts have no such power. As Jack Straw made clear from the Dispatch Box, a declaration of incompatibility is no more than a declaration; it places no obligation or expectation on Parliament. But may I thank the Secretary of State for at least listening to my representations in delaying the repeal of sections 46 and 47 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 until the new legislation is in place? Of course, he is doing so because they are effective. Otherwise, there would be no point in delaying their repeal, would there?
Hilary Benn
I suppose I should take that praise from the right hon. Gentleman at face value. The fact is that sections 46 and 47 were found to be incompatible, but I have listened, and I hope Members of the House will find me willing to listen. I must, however, correct him, because when it comes to the immunity provisions, they were found to be incompatible, and he is correct in what he describes, but they were also struck down under article 2 of the Windsor framework. That is why they are not operational.
Oral Answers to Questions
Debate between Desmond Swayne and Hilary Benn(4 months, 3 weeks ago)
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Sir Desmond Swayne (New Forest West) (Con)
The Secretary of State for Northern Ireland (Hilary Benn)
This issue arose following the Supreme Court judgment in 2020, which found certain custody orders to be unlawful. The amendment to the legacy Act to try to deal with that has also been found unlawful by the Northern Ireland courts, so the Government are carefully exploring how to lawfully address this complex issue, alongside our commitment to implement legacy mechanisms that are fully compliant with human rights. I will, of course, keep the House updated.
Sir Desmond Swayne
Will the Secretary of State withhold the remedial order until he is certain that he can deliver the Prime Minister’s pledge to prevent Gerry Adams from receiving compensation?
Hilary Benn
The Government are currently considering the report of the Joint Committee on Human Rights and the representations made to it.
Oral Answers to Questions
Debate between Desmond Swayne and Hilary Benn(7 months, 2 weeks ago)
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Mr Gagan Mohindra (South West Hertfordshire) (Con)
The Secretary of State for Northern Ireland (Hilary Benn)
The approach to legacy taken by the last Government was wrong. It caused immense pain to victims and survivors, and in many respects has been found to be unlawful. In December I laid a proposal for a draft remedial order to address the human rights deficiencies in the Act that had been identified by the courts, and when parliamentary time allows, I will introduce primary legislation to reinstate legacy inquests halted by the Act and to reform and strengthen the Independent Commission for Reconciliation and Information Recovery.
Sir Desmond Swayne
Why did the Secretary of State abandon the appeal in Dillon and Ors?
Hilary Benn
Because sections 46 and 47 of the Act were found to be unlawful, and, as the right hon. Gentleman will be aware, the case that gave rise to the attempt to deal with the problem through those sections that have now been found to be unlawful arose from a Supreme Court judgment in 2020. For two and a bit years, the last Government were unable to find a solution.
Oral Answers to Questions
Debate between Desmond Swayne and Hilary Benn(1 year, 2 months ago)
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Hilary Benn
I discussed the matter with Micheál Martin when I saw him early after my appointment, and he has expressed the hope that a way forward can be found that might lead to the withdrawal of the interstate case that Ireland has brought. I will certainly engage with victims’ organisations—I met a number of them during my time as shadow Secretary of State—because I am committed to trying to find a way forward. In the end, if this is to work, it must work for the victims’ families, because they are the people who say, “What went before hasn’t given us what we were looking for.”
Sir Desmond Swayne (New Forest West) (Con)
The Secretary of State for Northern Ireland (Hilary Benn)
No. We are committed to implementing the Windsor framework in good faith in partnership with the EU, and to taking all steps necessary to protect the UK internal market. We are also looking to negotiate a sanitary and phytosanitary veterinary agreement with the EU, which could help.
Sir Desmond Swayne
Will the Secretary of State commit to all the provisions of the “Safeguarding the Union” agreement?
Hilary Benn
I already set out my answer to that in response to the hon. Member for Brentwood and Ongar (Alex Burghart). We are taking forward those commitments, but we can make progress by working in partnership with the European Union. What was achieved recently on dental amalgam is a good example of precisely that.